Living in an apartment complex should feel safe. But when property owners cut corners on security, residents and visitors can be exposed to serious harm—assaults, robberies, sexual attacks, or even wrongful death. Florida law recognizes that apartment complexes have a legal duty to take reasonable steps to protect people from foreseeable criminal activity. When they fail to do so, they may be held financially responsible.
What Is “Inadequate Security” Under Florida Law?
“Inadequate security” generally refers to a property owner’s failure to provide reasonable safety measures in light of known or foreseeable criminal risks. Apartment complexes are not insurers of safety—but they cannot ignore clear dangers.
Common examples of inadequate security include:
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Broken or insufficient exterior lighting
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Non-functioning or poorly monitored security cameras
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Broken gates, doors, or locks
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Lack of security patrols in high-crime areas
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Failure to address repeated criminal incidents
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Poorly secured parking garages, stairwells, or common areas
The key issue is foreseeability. If crime was predictable, the complex may have had a duty to act.
When Crime Is “Foreseeable” at an Apartment Complex
Florida courts often look at whether the property owner knew or should have known that criminal activity was likely. Evidence of foreseeability can include:
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Prior similar crimes on the property
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Police calls or incident reports involving the complex
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Crimes in the immediate surrounding area
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Complaints from tenants about safety issues
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Prior assaults, robberies, or break-ins that went unaddressed
If management was on notice of criminal risks and failed to improve security, liability may follow.
Who Can Bring an Inadequate Security Claim?
In Florida, both residents and non-residents may have claims, including:
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Apartment tenants
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Guests and visitors
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Delivery drivers
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Maintenance workers
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Prospective tenants touring the property
What matters is whether the injured person was lawfully on the premises and whether the harm resulted from foreseeable criminal conduct tied to poor security.
Common Inadequate Security Scenarios in Florida Apartments
Some of the most frequent claims arise from:
Parking Lot and Garage Attacks
Dim lighting, broken gates, and lack of cameras often contribute to assaults or robberies in parking areas.
Stairwells and Hallways
Unsecured stairwells and interior corridors are common locations for violent crimes when access is uncontrolled.
Gated Communities with Broken Gates
Marketing a property as “gated” while leaving gates broken or open can increase liability, especially if tenants rely on that promise of safety.
Failure to Respond to Prior Incidents
Ignoring repeated crimes or tenant complaints can turn a preventable risk into legal responsibility.
What Victims Must Prove in a Florida Inadequate Security Case
To succeed, an injured person generally must show:
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The apartment complex owed a duty of care
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Criminal activity was foreseeable
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Security measures were unreasonable or inadequate
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The lack of security contributed to the injury
These cases often rely on police records, maintenance logs, surveillance footage, expert testimony, and internal property management documents.
What Damages Are Available?
Depending on the circumstances, victims may be able to recover compensation for:
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Medical expenses
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Future medical care
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Lost income and reduced earning capacity
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Pain and suffering
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Emotional distress and trauma
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Permanent disability or disfigurement
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Wrongful death damages for surviving family members
What to Do After an Injury at an Apartment Complex
If you or a loved one is harmed due to inadequate security:
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Call 911 and seek medical attention immediately
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Report the incident to property management in writing
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Preserve evidence (photos, videos, witness names)
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Request a copy of the police report
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Avoid giving recorded statements to insurers
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Speak with a Florida personal injury attorney promptly
These cases are evidence-driven, and important proof can disappear quickly.
Why These Cases Are Challenging—but Important
Apartment complexes and their insurers often argue that the criminal act was “unpredictable” or blame the attacker alone. Florida law disagrees when danger was foreseeable and preventable. Holding property owners accountable not only helps victims recover—it encourages safer communities.
Talk to a Florida Personal Injury Lawyer About Inadequate Security
If you were injured because an apartment complex failed to provide reasonable security, you may have legal options. An experienced Florida personal injury attorney can investigate prior crimes, uncover security failures, and pursue the compensation you deserve.
Have you or someone you know been injured as a result of negligent security? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
